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Brazil establishes protocol for violence victims

Brasilia, Sept 24 (Prensa Latina) Brazil now has a new law establishing, as of today, a national protocol for the care of women, children, adolescents, and vulnerable individuals who are victims of physical or sexual violence.

Law 15.516 amends the so-called “Next Minute” legislation—in effect since 2013—and sets rules to integrate the operations of public security, health, and forensic services.

The protocol mandates that the initial contact with the victim be handled by a public security professional, who must ensure their immediate transport to a public health facility and record the formal complaint.

According to Agência Brasil, the law also facilitates specific, periodic training for the health and security professionals involved in these cases, aiming to prevent revictimization during the care process.

Planned measures include an immediate medical assessment of the victim’s physical and emotional state, as well as the provision of information regarding their rights, access to specialized medical and psychological care, and social assistance.

Health services must preserve materials and evidence that could be used in forensic examinations and forward them to the official forensic agency.

If the victim is unable to travel, a forensic expert must go to their location to conduct the examination regarding the evidence of the crime.

Furthermore, the legislation mandates that police stations or health facilities handling these cases must provide private rooms to ensure a multidisciplinary approach to care.

In areas lacking an official forensic agency, the competent authority may designate a non-official expert to carry out the necessary procedures.

Each forensic report must be completed and submitted to the police authority within a maximum of 10 calendar days.

Authorities must also preserve the crime scene and any material evidence relevant to the investigation.

If the victim is a minor, the case must be reported to the Guardianship Council (Conselho Tutelar), in accordance with the provisions of the Statute of the Child and Adolescent.

Failure to comply with the protocol—if such failure causes revictimization or compromises the investigation or the victim’s protection—may constitute the crime of institutional violence under the Abuse of Authority Law.

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